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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
23/2008/QH12
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Hanoi,
November 13, 2008
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LAW
ON ROAD TRAFFIC
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10;
The National Assembly
promulgates the Law on Road Traffic,
Chapter I.
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Law prescribes road traffic
rules; road infrastructure facilities, vehicles in traffic and road users, road
transportation and state management of road traffic.
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This Law applies to organizations
and individuals related to road traffic on the territory of the Socialist
Republic of Vietnam.
Article 3.
Interpretation of terms
In this Law, the terms below are
construed as follows:
1. Roads include roads, land
bridges, tunnels and ferry landing stages.
2. Road works include roads,
standing and parking places on roads, traffic light signals, road signs, road
markings, marker posts, fences, traffic islands, median strips, milestones,
walls, embankments, water drainage systems, vehicle mass inspection stations,
toll stations and other support road works and equipment.
3. Road infrastructure facilities
include road works, car terminals, parking lots, roadside service stations and
other support works along the roads to serve traffic, and road safety
corridors.
4. Road land means a land
area on which road works are constructed and land areas along both sides of a
road for road work management, maintenance and protection.
5. Road safely corridor
means land strips along both sides of the road land, measuring from the outer
edge of the road land outwards, to ensure road traffic safety.
6. Carriageway means the
part of a road used by vehicular traffic.
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8. Size limit of road means
a space with limited height and width of a road, bridge, ferry landing stage or
road tunnel so that vehicles, including loaded cargo, can safely pass.
9. Street means a road
inside an urban area, which includes road bed and pavement.
10. Median strip is a part
of a road that divides the road surface for the two opposite directions of
traffic or divides the road sections for motor vehicles and rudimentary
vehicles. Median strips are classified into fixed and mobile types.
11. Level crossing (below
referred to as intersection) means any crossroad between two or more roads on
the same level, including the open area formed by such intersection.
12. Expressway mean a road
reserved only for motor vehicles, with median strips separating carriageways
for the two opposite directions of traffic, without crossing at level with any
road, furnished with adequate support equipment and devices to ensure
uninterrupted and safe traffic, shorten travel time, and with certain points
for vehicle exits and entries.
13. Main road means a road
ensuring major traffic in an area.
14. Feeder road means a road
connected to a main road.
15. Priority road means a
road vehicles moving on which are given way by those approaching from other
directions when passing intersections, and which is signposted as priority
road.
16. Collector road means a
road that links the system of internal roads of an urban center, an industrial
park, an economic zone, a trade-service center and other roads to a main road
or a feeder road before connecting to a main road
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18. Road motor vehicle
(below referred to as motor vehicle) means automobile; tractor; trailer or
semi-trailer drawn by automobile or tractor; motorcycles, three-wheeled motor
vehicle, moped (including electric moped) and the like.
19. Road rudimentary vehicle (below
referred to as rudimentary vehicle) means bicycle (including motor bicycle),
pedicab, vehicle for the disabled, animal-drawn cart and the like.
20. Special-use vehicle
means construction vehicle, farm vehicle, forestry vehicle and other
special-use vehicles used for defense and security purposes, which joins in
road traffic.
21. Vehicle joining in road
traffic means road vehicle or special-use vehicle.
22. Road user means operator
or user of a vehicle joining in road traffic; person guiding or driving animals
and pedestrian walking on the road.
23. Operator means operator
of a motor vehicle, rudimentary vehicle or special-use vehicle joining in road
traffic.
24. Driver means operator of
a motor vehicle.
25. Person directing traffic
means traffic police or person tasked to direct traffic at a place where road
construction is underway, or traffic is congested, at a ferry landing stage and
at a road bridge with a railroad track.
26. Passenger means person
carried onboard a road passenger vehicle for which he/she has to pay a charge.
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28. Cargo means machine,
equipment, material, fuel, consumer goods, live animal and other movable
property carried onboard a road vehicle.
29. Dangerous cargo means
cargo containing a dangerous substance which, when carried by road, may cause
harm to human life, health, the environment, safety and national security.
30. Road transportation
means activities of using a road vehicle to carry people and cargoes by road.
31. Carrier means an
organization or individual using a road vehicle to carry out road
transportation activities.
32. Road administration agency
means a specialized state management agency under the Ministry of Transport;
specialized agencies of People’s Committees of provinces and centrally run
cities (below collectively referred to as provincial level), People’s Committees
of districts, towns and provincial cities (below collectively referred to as
district level) and People’s Committees of communes and townships (below
collectively referred to as commune level).
Article 4.
Road traffic principles
1. Road traffic must be
uninterrupted, orderly, sale and effective, contributes to socio-economic
development, defense and security assurance and environmental protection.
2. Road traffic shall be developed
according to planning towards modernization and synchronism; transportation by
road shall be combined with other modes of transportation.
3. Road traffic administration
shall be implemented uniformly on the basis of assignment and decentralization
of specific responsibilities and powers and close coordination among ministries,
branches and local administrations at all levels.
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5. Road users shall
self-consciously and strictly observe traffic rules and ensure safety for themselves
and others. Vehicle owners and operators shall take responsibility before law
for ensuring that their vehicles operate safely in road traffic.
6. All acts of violating the road
traffic law shall be detected and prevented in time and handled in a strict and
lawful manner.
Article 5.
Policies on road traffic development
1. The State concentrates resources
on developing road traffic, prioritizing investment in developing road traffic
infrastructure facilities in key economic regions, cities, mountainous,
deep-lying, remote, border, island and ethnic minority regions; and adopts
policies to mobilize resources for road administration and maintenance.
2. The State adopts the policy of
prioritizing the development of mass transit and restricting the use of
personal vehicles in cities.
3. The State encourages and creates
conditions for Vietnamese and foreign organizations and individuals to invest
in and commercially operate road infrastructure facilities and road
transportation activities, and conduct research, apply scientific and
technological advances and train human resources in the field of road traffic.
Article 6.
Road traffic and transportation planning
1. The road traffic and transport
planning is a specialized planning, including planning on infrastructure and
planning on means of transport and road transportation.
2. The road traffic and
transportation planning shall be formulated on the basis of the socio-economic
development strategy, defense and security assurance and international
integration, and in conformity with the sector’s planning and close association
with other specialized transport plannings.
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An approved road traffic and
transportation planning shall be publicized for concerned agencies,
organizations and individuals to know, implement and supervise its
implementation.
4. The road traffic and
transportation planning must clearly identify development objectives,
viewpoints, nature and scope; land use needs, funding needs, funding sources
and human resources, and lists of projects and priority projects; evaluate its
impacts; and identify mechanisms, policies and solutions for its
implementation.
5. The Ministry of Transport shall
formulate national, inter-regional and regional road traffic and transportation
plannings and plannings on national highways and expressways, collect opinions
of concerned ministries, ministerial-level agencies and provincial-level
People’s Committees on these plannings before submitting them to the Prime
Minister for approval.
6. Provincial-level People’s
Committees shall formulate and submit to the People’s Councils of the same
level for decision plannings on road traffic and transportation under local
management. Before submitting them to the People’s Councils of the same level
for decision, they shall obtain opinions of the Ministry of Transport.
For centrally run cities of special
grade, their People’s Committees shall formulate road traffic and transportation
plannings and submit them to the People’s Councils of the same level for
adoption and obtain opinions of the Ministry of Transport and the Ministry of
Construction before submitting them to the Prime Minister for approval.
7. Plannings on other technical
infrastructure works must be compliant and synchronous with plannings on road
infrastructure facilities.
8. The State ensures state budget
funds and adopts policies to mobilize other funding sources for road traffic
and transportation planning work.
Article 7.
Road traffic law propagation, dissemination and education
1. Information and propaganda
agencies shall regularly organize road traffic law propagation and
dissemination among the entire population.
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3. Education and training state
management agencies shall include the road traffic law in the teaching programs
at schools and other educational establishments as suitable to each branch and
each level of education.
4. Vietnam Fatherland Front and its
member organizations shall coordinate with concerned agencies and local
administrations in propagating and mobilizing the people to observe the road
traffic law.
5. Agencies and organizations shall
organize road traffic law propagation and dissemination among officials,
soldiers, civil servants, public employees and other laborers under their
management.
Family members shall propagate,
educate and remind other members to observe the road traffic law.
Article 8.
Prohibited acts
1. Destroying roads, road bridges,
tunnels and ferry landing stages, light signals, marker posts, signs, dome
mirrors, median strips, water drainage systems and other works and equipment of
road traffic infrastructure.
2. Illegally digging, drilling and
cutting roads; illegally placing or erecting hurdles on roads; placing and
spreading pointed objects, pouring lubricants on roads; illegally leaving
materials, wastes and garbage on roads; illegally opening passages and linking
to main roads; illegally encroaching, occupying or using land of roads and road
safety corridors; opening manhole covers without permission, illegally
dismantling, removing or falsifying road works.
3. Illegally using roadbeds,
roadsides and pavements.
4. Putting motor vehicles and
special-use machines which fail to satisfy technical safety and environmental
protection criteria into operation on roads.
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6. Taking part in, cheering or
organizing illegal vehicle races, driving vehicles recklessly on crowded
streets or in zigzags.
7. Operating a road motor vehicle
while there is narcotic in the operator’s body.
8. Operating an automobile, tractor
or special-use vehicle on the road while there is a concentration of alcohol in
the operator’s blood or breath.
Operating a motorcycle or moped
while there is a concentration of alcohol of over 50 milligrams per 100
milliliters of blood or 0.25 milligrams per 1 litter of breathed air.
9. Operating a motor vehicle
without a driver license as prescribed.
Operating a special-use vehicle on
the road without a certificate of training in knowledge about the road traffic
law, a license or certificate of operation of special-use vehicle.
10. Assigning one’s motor vehicle
or special-use vehicle to another person ineligible for operating vehicles in
road traffic.
11. Operating a motor vehicle at a
speed beyond the prescribed speed limit, recklessly passing or overtaking.
12. Honking and opening the
throttle continuously; honking during the time from 22:00 hrs to 05:00 hrs,
blowing the hoot, using driving lamps in urban and populous areas, except for
priority vehicles moving on duty as provided for by this Law.
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14. Transporting goods banned from
circulation, illegally transporting, or failing to fully observe regulations on
transportation of, dangerous cargoes or wild animals.
15. Threatening, offending and
fighting over passengers; compelling passengers to use services against their
will; employing transshipment, disembarking passengers or committing other acts
to evade detection of the carriage of cargoes or passengers in excess of
prescribed limits.
16. Conducting commercial
transportation by car when failing to meet all business conditions as
prescribed.
17. Absconding after causing
accidents in order to shirk responsibility.
18. Deliberately refusing to rescue
victims of traffic accidents when having conditions to do so.
19. Infringing upon the lives,
health and property of traffic accident victims and causers.
20. Taking advantage of traffic
accidents to assault, intimidate, incite, pressure, foment disorder or obstruct
the handling of traffic accidents.
21. Abusing one’s position, power
or profession to breach the road traffic law.
22. Illegally manufacturing, using
or buying or selling number plates of motor vehicles and special-use vehicles.
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Chapter II.
ROAD TRAFFIC RULES
Article 9.
General rules
1. Road users shall keep to the
right in their travel direction, move on the prescribed lane or road section
and obey the road signal system.
2. The driver and persons sitting
on the front seats of a car equipped with safety belts shall wear the safety
belts.
Article 10.
Road signal system
1. The road signal system includes
instructions given by persons directing traffic; traffic light signals, road
signs, road markings, marker posts or protection walls and barriers.
2. Instructions given by persons
directing traffic:
a/ Arm raised upright constitutes a
signal that road users approaching from any direction must stop;
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c/ Right arm outstretched to the
front constitutes a signal that road users behind and on the right of the
person directing traffic must stop; road users in front of the person directing
traffic may turn right; road users on the left of the person directing traffic
may proceed in all directions; and pedestrians crossing the road must walk
behind the person directing traffic.
3. The traffic light signals are in
three colors, each having the following meaning:
a/ A green light means proceed;
b/ A red light means stop;
c/ An amber light means stop behind
the stop line, except for road users who have passed the stop line and may keep
moving; in case of a flashing amber light signal, road users may proceed but
shall slow down and give way to pedestrians;
4. Road signs are divided into 5
groups, with the meaning of each group as follows:
a/ Prohibitive signs indicate
prohibitions;
b/ Danger warning signs warn
dangerous circumstances likely to occur;
c/ Mandatory signs indicate instructions
to be obeyed;
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e/ Additional panels additionally
explain prohibitive signs, danger warning signs, mandatory signs or direction
signs.
5. Road markings indicate the division
of lanes, travel positions or directions, stop positions.
6. Marker posts or protection walls
are erected at the edge of dangerous road sections to notify road users of the
safety scope of the road foundation and of the road direction.
7. Barriers are erected at places
where roads are narrowed, at bridge heads, sluice heads, no-entry roads,
dead-end roads not open to vehicles and pedestrians, or at places where traffic
should be controlled and supervised.
8. The Minister of Transport shall
issue specific regulations on road signs.
Article 11.
Compliance with road signals
1. Road users shall comply with
instructions and indications of the road signal system.
2. When there are persons directing
traffic, road users shall comply with their instructions.
3. Where there exist both a fixed
sign and a temporary sign, road users shall comply with the instruction
conveyed by the temporary sign.
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At places where there is no
pedestrian crossing, operators shall observe and, if seeing a pedestrian or a
wheelchair of a disabled crossing the road, slow down and give way to the
pedestrian or the wheelchair of the disabled to safely cross the road.
Article 12.
Speed and distance between vehicles
1. Drivers and operators of
special-use vehicles shall comply with regulations on the speed limits of
vehicles moving on the roads and keep at a safe distance from a vehicle moving
ahead; at places where there is a sign indicating the “minimum distance between
two vehicles”, they shall keep at a distance not shorter than that indicated.
2. The Minister of Transport shall
issue regulations on the speed limits of vehicles and the placement of speed
limit signs; and organize the placement of speed limit signs along national
highways.
3. Provincial-level People’s
Committee presidents shall organize the placement of speed limits signs along
locally managed roads.
Article 13.
Use of lanes
1. On a road with many lanes in the
same direction of traffic, distinguished from one another by the lane-dividing
markings, operators shall keep their vehicles on one lane and may only change
lanes at places where it is so permitted; when changing lane, they shall give
signals indicating their intention and ensure safety.
2. On a one-way road with a
lane-dividing marking, rudimentary vehicles shall keep to the right lane close
to the edge of the road while motor vehicles and special-use vehicles move on
the left lane.
3. Vehicles moving on the road at a
lower speed shall keep to the right.
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1. Before overtaking a vehicle
shall give a signal by means of light or horn; from 22.00 hrs to 05.00 hrs in
urban centers and populous areas, only light signals can be used for this
purpose.
2. The overtaking vehicle may
overtake only where there is no obstacle ahead, no oncoming vehicle in the road
section intended for overtaking and the vehicle ahead has not given a signal to
overtake another and has moved toward the right side.
3. When there is a vehicle
intending to overtake, if safety can be assured, the operator of the vehicle
ahead shall slow down, move close to the right of the carriageway till the
following vehicle has passed and may not cause obstructions to the overtaking
vehicle.
4. When overtaking, a vehicle shall
do so on the left side, except for the following cases where it can overtake on
the right side:
a/ When the vehicle ahead has given
a signal to turn left or is turning left;
b/ When a tram is running in the
middle of the road;
c/ When a special-use vehicle is
operating on the road, making overtaking on the left impossible.
5. Overtaking is forbidden in the
following cases:
a/ The conditions prescribed in Clause
2 of this Article are not met;
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c/ On a bend, at the crest of a
slope and at a place with insufficient visibility;
d/ At an intersection or a level
crossing between a road and a railroad track;
e/ When weather conditions or road
conditions do not ensure safe overtaking;
f/ A priority vehicle is emitting a
priority signal.
Article 15.
Change of direction
1. When wishing to change
direction, the operator shall slow down and give a signal of the turning
direction.
2. While changing direction, the
driver or operator of a special-use vehicle shall allow pedestrians and bicycle
riders moving on the road sections reserved for them to pass, give way to
oncoming vehicles and shall change direction only when seeing that his/her
vehicle does not obstruct or endanger people and other vehicles.
3. In residential areas, the driver
may make U-turns only at intersections and places with a sign permitting
U-turns.
4. It is prohibited to make U-turns
at road sections reserved for pedestrians to cross, on bridges, at bridge
heads, under flyovers, at undergrounds, in road tunnels, on expressways, at
level crossings between a road and a railroad track, on narrow roads, steep
roads or on bends with insufficient visibility.
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1. When reversing his/her vehicle,
the operator shall observe behind, give a necessary signal and may reverse only
when realizing no danger.
2. It is forbidden to reverse in
areas where reversing is prohibited, on road sections reserved for pedestrians
to cross, at intersections or level crossings between a road and a railroad
track, at places with insufficient visibility, in road tunnels or on
expressways.
Article 17.
Passing of oncoming traffic
1. On a road which is not divided
into two separate directions of traffic, when passing an oncoming vehicle, the
operator shall slow down and move to the right along his/her direction of
traffic.
2. Cases of giving way when passing
an oncoming vehicle:
a/ At a narrow road section which
permits only one vehicle to move and where a lay-by is available, the vehicle
which is closer to the lay-by shall pull in to the lay-by, allowing the other
vehicle to pass;
b/ The vehicle moving downhill
shall allow the vehicle moving uphill to pass;
c/ The vehicle facing an
obstruction ahead shall allow the other vehicle to pass.
3. When passing each other, two
motor vehicles moving in the opposite directions may not use the driving lamp.
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1. Standing vehicle is a vehicle
that is stationary for the time needed to pick up or set down persons or to
load or unload goods or to do other things.
2. Parked vehicle is a vehicle that
is stationary for an unlimited time.
3. When standing or parking his/her
vehicle on a road, the operator shall comply with the following provisions:
a/ To give a signal to operators of
other vehicles;
b/ To stand or park his/her vehicle
at places with large roadsides or on land plots outside the carriageway; where
the roadside is narrow or not available, to stand or park the vehicle close to
the right edge of the carriage along the direction of traffic;
c/ Where a car stop or a parking
lot has been built or designated, to stand or park the vehicle at such place;
d/ After parking the vehicle, the
operator may leave the vehicle only after taking safety measures, if the parked
vehicle occupies part of the carriageway, the operator shall place danger
warning signs in front of and behind the vehicle for the operators of other
vehicles to notice;
e/ Not to open the door of the
vehicle or leave it open or alight from the vehicle when safety conditions are
not assured;
f/ When standing the vehicle, not
to shut down the engine and leave the driving seat;
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4. It is forbidden to stand or park
a vehicle at the following positions:
a/ On the left side of one-way
carriages;
b/ On bends and close the crests of
slopes with insufficient visibility;
c/ On bridges, under flyovers;
d/ In parallel with another
standing or parked vehicle;
e/ On pedestrian crossings;
f/ At an intersections and within 5
meters from the edge of the intersection;
g/ At bus stops;
h/ In front of and within 5 meters
from both sides of the entrances of offices of agencies or organizations;
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j/ Within railroad tracks’ safety
areas;
k/ At places where the vehicle
would conceal road signs.
Article 19.
Standing and parking on streets
When standing or parking his/her
vehicle on street, the operator shall comply with the provisions of Article 18
of this Law and the following provisions:
1. To stand or park the vehicle
close to the right kerb or pavement of the street along the direction of
traffic, with the distance between the nearest wheel and the kerb or pavement
not exceeding 0.25 m and without obstructing or endangering traffic. In narrow
streets, to stand or park the vehicle at positions at least 20 meters away from
the vehicle parked on the other side.
2. Not to stand or park the vehicle
on tramways, on manholes of water drainage sewers, or openings of telephone or
high-voltage electricity trenches or places exclusively reserved for fire
engines to get water. Not to leave the vehicle on roadbed or pavement in
contravention of regulations.
Article 20.
Loading of cargoes on vehicles
1. Cargoes loaded on a vehicle must
be neatly arranged and firmly fastened, must not fall on to the road, and must
not be trailed on the road and affect the driving of the vehicle.
2. Loaded cargoes projecting beyond
the front or rear of the vehicle must be marked with a red flag by daytime or a
red light at night or when it is dark.
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Article 21.
Carriage of persons on cargo vehicles
1. Persons may only be carried on
cargo vehicles in the following cases:
a/ Carrying persons to perform
natural disaster prevention and combat tasks or urgent tasks; carrying people’s
armed force officers and soldiers to perform their duties; carrying victims to
hospital;
b/ Carrying road maintenance and
repair workers; carrying learner drivers on driving practice cars; carrying
persons forming a procession;
c/ Evacuating persons out of
dangerous areas or in other cases of emergency as prescribed by law.
2. Vehicles carrying persons in the
cases specified in Clause 1 of this Article must have a fixed trunk, ensuring
traffic safety.
Article 22.
Priority rights of a number of vehicles
1. The following vehicles have the
priority right to go before other vehicles when passing intersections from any
direction of traffic in the following order:
a/ Fire engines traveling on duty;
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c/ Ambulances on duty;
d/ Dike-watch vehicles, vehicles
employed in overcoming natural disasters or epidemics or in a state of
emergency as prescribed by law;
e/ Funeral vehicle processions.
2. Vehicles specified at Points a,
b, c and d of Clause 1, this Article, when traveling on duty, shall give
signals by means of horn, banner and light according to regulations; are not
restricted in speed; may enter one-way roads from the opposite direction and
other roads open to traffic, even go through the red light, and must only
follow the instructions of persons directing traffic.
The Government shall issue specific
regulations on signals of priority vehicles.
3. When recognizing the signals of
priority vehicles, road users shall promptly slow down, give way or pull in to
the right edge of the carriageway to give way. They may not obstruct priority
vehicles.
Article 23.
Crossing by ferry boat and pontoon bridge
1. When reaching a ferry landing
stage or pontoon bridge, vehicles must line up at the prescribed place without
obstructing traffic.
2. When a vehicle embarks, is on
board and disembarks a ferry boat, all passengers shall alight from the
vehicle, except operators of motor vehicles or special-use vehicles, sick
people, old people and disabled people.
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4. Priority order for crossing by
ferry boat or pontoon bridge:
a/ Priority vehicles specified in
Clause 1, Article 22 of this Law;
b/ Mail vans;
c/ Fresh and raw foodstuff trucks;
d/ Public passenger cars.
When many priority vehicles of the
same kind concurrently arrive at a ferry landing stage or pontoon bridge, the
vehicle which arrives first is entitled to cross first.
Article 24.
Giving way at intersections
When approaching an intersection,
the operator of a vehicle shall slow down and give way according to the
following provisions:
1. At an intersection without
signals to move around the roundabout, to give way to vehicles approaching from
the right;
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3. At an intersection between a
priority road and a non-priority road or between a feeder road and a main road,
the vehicle coming from the non-priority road or the feeder road must give way
to the vehicle moving on the priority road or the main road from any direction
of traffic.
Article 25.
Traveling on level-crossings between roads and railroad tracks or bridges with
railroad tracks
1. At a level crossing between a
road and a railroad track or a bridge with a railroad track, the rail-borne
vehicle has the priority right to go first.
2. At a level crossing between a
road and a railroad track which is equipped with light signals, barriers and
signaling bell, when the red light is on, signaling bell ringing or the
barriers moving or closed, road users shall stop on their road section at a
safe distance from the barriers; they may cross only when the red light is off,
the barriers are fully opened and the signaling bell stops ringing.
3. At a level crossing between a
road and a railroad track which is equipped with light signals or signaling
bell only, when the red light is on or signaling bell ringing, road users shall
stop at a distance of at least 5 meters from the nearest track; they may cross
only when the red light is off or the signaling bell stops ringing.
4. At a level crossing between a
road and a railroad track which is equipped with no light signals, barriers and
signaling bell, road users shall look both sides and cross only if they ascertain
that no rail-borne vehicle is approaching; if seeing that a rail-borne vehicle
is approaching, they shall stop at a distance of at least 5 meters from the
nearest track and may cross only when the rail-borne vehicle has passed.
5. When a vehicle breaks down right
at a level crossing between a road and a railroad track or within the railroad
safety area, its operator shall by all fastest ways place signals on the
railroad track at least 500 meters on the both sides of the vehicle in order to
warn the operators of rail-borne vehicles and seek ways to report such to the
nearest railroad or station manager, and at the same time take every measure to
move the vehicle off the railroad safety area as soon as possible.
6. Those who are present at the
place where a vehicle breaks down at a level crossing between a road and a
railroad track have the duty to help the operator move the vehicle off the
railroad safety area.
Article 26.
Traffic on expressways
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a/ When entering an expressway, to
give signals indicating the intention to do so and give way to vehicles
traveling on the expressway, only when making sure that it is safe can they
join in the traffic lane on the lane close to the edge of the expressway; if
there is an acceleration lane, they shall use it before moving into the
expressway lane;
b/ When exiting an expressway, to move
gradually to the right lane, if there is a deceleration lane, they shall enter
such lane before leaving the expressway;
c/ Do not move on the
emergency-stop lane or the verge;
d/ Do not move beyond the maximum
speed and below the minimum speed, which are indicated on the road signs or
painted road markings.
2. Drivers or operators of
special-use vehicles shall keep at a safe distance from one another as
indicated on the road signs.
3. To stand or park their vehicles
only at the prescribed places; where they are compelled to stand or park their
vehicles outside the prescribed places, the drivers shall move their vehicles
off the carriageway; if unable to do so, they shall give signals to the drivers
of other vehicles.
4. Pedestrians, rudimentary
vehicles, motorcycles, mopeds and tractors; and special-use vehicles with a
design speed of less than 70 km/h may not enter expressways, except persons,
vehicles and equipment used for expressway administration and maintenance.
Article 27.
Traffic in road tunnels
Operators of vehicles traveling in
road tunnels, apart from complying with traffic rules provided in this Law,
shall also observe the following provisions:
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2. They may only stand and park
their vehicles at prescribed places.
Article 28.
Load-bearing capacity and size limits of roads
1. Operators shall comply with
regulations on load-bearing capacity and size limits of roads and submit to the
inspection by competent agencies.
2. In special cases, vehicles which
are overloaded or oversized beyond the size limits of roads and caterpillars
which damage road surface may operate on the roads provided that they obtain
permits of road administration agencies and take compulsory measures to protect
roads and ensure traffic safety.
3. The Minister of Transport shall
issue regulations on the load-bearing capacity and size limits of roads,
publicize the load-bearing and size limits of national highways; prescribe the
grant of permits for overloaded and oversized vehicles and road surface-
damaging caterpillars.
4. Provincial-level People’s
Committee presidents shall publicize the load-bearing capacity and size limits
of locally managed roads.
Article 29.
Vehicles pulling vehicles or trailers
1. An automobile may only pull
another automobile or special-use vehicle when the latter cannot move on its
own and must comply with the following provisions:
a/ The pulled automobile must have
an operator and its steering system must still be effective;
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c/ There must be signs at the front
of the pulling automobile and the rear of the pulled automobile.
2. An automobile pulling a trailer
must have its total mass bigger than that of the trailer or must have a brake
system effective for trailers.
3. The following acts are
prohibited:
a/ An automobile pulling a trailer
or semi-trailer coupled with another trailer or automobile;
b/ Carrying people on the pulled
automobile;
c/ Pulling a rudimentary vehicle,
motorcycle or moped.
Article 30.
Operators of and passengers on motorcycles and mopeds
1. The operator of a motorcycle or
moped may carry only one person, except for the following cases in which
carrying two persons at most is permitted:
a/ Carrying sick persons for
emergency medical treatment;
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c/ Carrying children under 14 years
of age.
2. The operators and passengers of
motorcycles, three-wheeled motor vehicles or mopeds shall wear safety helmets,
properly fastening their chin straps.
3. Operators of motorcycles,
three-wheeled motor vehicles or mopeds are prohibited from:
a/ Traveling abreast;
b/ Traveling in road sections
reserved for pedestrians and other vehicles;
c/ Using umbrellas, mobile phones
and audible devices, except hearing aids;
d/ Pulling and pushing other
vehicles or objects, and carrying bulky objects;
e/ Operating the vehicle without
holding the handlebars or on one wheel, for two-wheeled vehicles, or on two
wheels, for three-wheeled vehicles;
f/ Other acts badly affecting
traffic order and safety.
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a/ Carrying bulky objects;
b/ Using umbrellas;
c/ Clinging to, pulling or pushing
other vehicles;
d/ Standing on the saddle or
pillion, or sitting on the handlebars;
e/ Other acts baldy affecting
traffic order and safety.
Article 31.
Riders of and passengers on bicycles, operators of other rudimentary vehicles
1. Bicycle riders may carry only
one person or two persons including an under-7 child.
Bicycle riders shall comply with
the provisions of Clause 3, Article 30 of this Law; passengers on bicycles
traveling on the roads shall comply with the provisions of Clause 4, Article 30
of this Law.
2. Operators of and passengers on
motor bicycles shall wear safety helmets, properly fastening their chin straps.
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4. Goods loaded on rudimentary
vehicles must ensure safety, without obstructing traffic and the operator’s
view.
Article 32.
Pedestrians
1. Pedestrians shall use pavements
or verges; where pavements and verges are not available, they shall walk close
to the edge of a road.
2. Pedestrians may cross a road at
places where there are light signals, road markings or flyovers or tunnels
reserved for pedestrians, and shall comply with the instructions given by such
lights.
3. At places where light signals,
road markings, flyovers or tunnels reserved for pedestrians are not available,
pedestrians, before crossing a road, shall watch approaching vehicles, may
cross the road when it is safe and shall take responsibility to ensure safe
crossing.
4. Pedestrians may not walk over
the median strip and cling to moving vehicles; if carrying bulky objects, they
shall ensure safety and no obstruction to road users and vehicles in traffic.
5. Children under 7 years, when
crossing an urban street or a road with regular vehicular traffic, must be led
by adults; everyone has the duty to help children under 7 years cross roads.
Article 33.
Disabled, old road-users
1. Disabled persons traveling in
wheel chairs propelled by themselves may travel on pavements and marked
pedestrian crossings.
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3. Everyone has the duty to assist
disabled persons and old persons in crossing roads.
Article 34.
Persons guiding animals on roads
1. Persons guiding animals on roads
shall keep them close to the edge of the carriageway and ensure road
sanitation; if they need to lead the animals to cross a road, they shall watch
out traffic and may only guide them cross the road when it is safe.
2. It is forbidden to guide animals
go on road sections reserved for motor vehicles.
Article 35.
Other activities on roads
1. The organization of cultural and
sport activities, processions, festivals on roads must comply with the
following provisions:
a/ Agencies or organizations
wishing to use roads for cultural and sport activities, processions or
festivals shall obtain written agreement of competent road administration
agencies on traffic assurance plans before applying for permits to organize
these activities in accordance with law;
b/ When necessary to restrict
traffic on or close a road, the road administration agency shall issue
announcements on traffic directions; agencies or organizations mentioned at
Point a, Clause 1 of this Article shall organize the publication of these
announcements on the mass media and take measures to ensure order and safety
for road users and vehicles in traffic;
c/ The People’s Committees of
localities where cultural sports activities, processions or festivals are
organized shall direct local functional agencies to organize and ensure safe
traffic in areas where these activities are organized.
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a/ Holding markets, buying and
selling goods on roads;
b/ Illegally gathering people on
roads;
c/ Leaving animals unattended on
roads;
d/ Drying paddy, rice stock and
straw, agricultural products and other objects on roads;
e/ Placing advertisement billboards
on road land;
f/ Installing boards, advertisement
billboards or other equipment distracting road user attention to, and
misleading the meanings of, road signs, or obstructing road users;
g/ Concealing road signs and
traffic light signals;
h/ Using skateboards or
roller-skates or similar equipment on the carriageways;
i/ Other acts obstructing traffic.
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1. Roadbeds and pavements are used
only for traffic purposes;
2. Other activities on streets must
comply with Clause 1, Article 35 of this Law; in special cases, temporary use
of parts of roadbeds and pavements for other purposes is subject to regulations
of provincial-level People’s Committees and must not affect traffic order and
safety.
3. The following acts are
prohibited:
a/ Acts specified in Clause 2,
Article 35 of this Law;
b/ Dumping garbage or wastes not at
prescribed places;
c/ Illegally building or placing
platforms or stands on streets.
Article 37.
Organization of traffic and direction of traffic
1. Organization of traffic covers
the following contents:
a/ Dividing lanes, flows and routes
and prescribing travel time for people and road vehicles;
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c/ Announcing temporary or
permanent changes in lane or route division and traffic time; taking measures
in response to incidents and other road traffic measures to ensure
uninterrupted and safe traffic.
2. Responsibility to organize
traffic:
a/ The Minister of Transport shall
organize traffic on the national highway system;
b/ Provincial-level People’s
Committee presidents shall organize traffic on the road systems under their
management.
3. Traffic police’s responsibility
to direct traffic:
a/ To instruct and direct traffic
on roads; guide or compel road users to observe traffic rules;
b/ Upon the occurrence of
circumstances which cause traffic jams or other urgent requirements to ensure
security and order, to suspend traffic on certain road sections, re-arrange
traffic flows or routes and temporary standing and parking places.
Article 38.
Responsibilities of individuals, agencies and organizations when traffic
accidents occur
1. Operators and persons directly
involved in a traffic accident shall:
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b/ Remain on the scene of the
accident until the arrival of the police, except for cases in which the
operator has also been injured and must be carried for emergency medical
treatment or has to carry the victim for emergency medical treatment or his/
her life is threatened, but shall later report himself/ herself to the nearest
police office;
c/ Provide true information on the
accident to competent agencies.
2. Persons present at the place
where an accident occurs have the following responsibilities:
a/ Protect the scene;
b/ Provide timely assistance and
medical treatment to the victims;
c/ Immediately report to the
nearest police office, health agency or People’s Committee;
d/ Protect the victims’ property;
e/ Provide true information on the
accident at the request of competent agencies.
3. Operators of other vehicles,
when passing the places of accidents, have the responsibility to carry the
victims for emergency medical treatment. Priority vehicles and vehicles
carrying persons entitled to diplomatic privileges and immunities are not
compelled to comply with this Clause.
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5. The commune-level People’s
Committee of the place where an accidents occurs shall promptly inform the
police office and health agency of the accident for handling the accident;
organize the treatment and assistance of the victims, the protection of the
scene and the victims’ property; in case the victim dies and his/her identity is
unknown or he/ she has no relatives or his/her relatives cannot afford his/her
burial, after competent state agencies have completed all work as prescribed by
law and permitted the burial, the commune-level People’s Committee shall
organize the burial.
For an accident falling beyond its
ability, the commune-level People’s Committee shall report it to the
higher-level People’s Committee
6. The Ministry of Public Security
shall make statistics, sum up and develop a database on road traffic accidents
and make it accessible to agencies, organizations and individuals in accordance
with law.
Chapter III.
ROAD INFRASTRUCTURE FACILITIES
Article 39.
Road classification
1. The road network consists of six
systems, including national highways, provincial roads, district roads,
communal roads, urban roads and special-use roads, which are prescribed as
follows:
a/ National highways are roads
connecting Hanoi capital with provincial-level administrative centers; roads
connecting provincial-level administrative centers of three or more localities;
road connecting an international seaport or airport to international border
gates or major border gates; roads especially important to local or regional
socio-economic development;
b/ Provincial roads are roads
connecting provincial-level administrative centers with administrative centers
of districts or adjacent provinces; roads important to provincial socio-economic
development;
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d/ Commune roads are roads
connecting administrative centers of communes with villages and hamlets or
equivalent units or connecting adjacent communes; roads important to commune
socio-economic development;
e/ Urban roads are roads within the
administrative boundaries of inner cities;
f/ Special-use roads are roads
exclusively used for the transportation and travel of one or more than one
agency, organization or individual.
2. The competence to classify and
adjust road systems is prescribed below:
a/ The Minister of Transport shall
decide on the national highway system;
b/ Provincial-level People’s
Committee presidents shall decide on systems of provincial roads and urban
roads after reaching agreement with the Ministry of Transport (for provincial
roads) or the Ministry of Transport and the Ministry of Construction (for urban
roads);
c/ District-level People’s
Committee presidents shall decide on systems of district roads and commune
roads after obtaining the approval of provincial-level People’s Committee
presidents;
d/ Agencies, organizations and
individuals with special-use roads shall decide on systems of special-use roads
after obtaining written consent of the Minister of Transport, for special-use
roads linking with national highways; written consent of provincial-level
People’s Committee presidents, for special-use roads linking with provincial
roads, urban roads or district roads; or written consent of district-level
People’s Committee presidents, for special-use roads linking with commune
roads.
Article 40.
Naming and numbering of roads
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a/ Roads may be named after
well-known persons, persons with merits to the country or historical or
cultural relics or events and place names or by naming practice; roads may be
numbered using natural numbers added with a letter, when necessary; if the name
of an urban road is identical to that of a national highway, both the name of
the urban road and the name and number of the national way can be used;
b/ The names and numbers of roads
forming part of a regional or international road network shall be given
according to agreements between Vietnam and concerned countries. For roads
connected with a regional or international road network, both of their domestic
and regional or international names and numbers can he used.
2. The naming and numbering of
roads shall be decided by agencies with road-classifying competence;
particularly for urban and provincial roads, their naming shall be decided by
provincial-level People’s Councils at the proposal of the People’s Committees
of the same level.
3. The Government shall issue
specific regulations on the naming and numbering of roads.
Article 41.
Road technical standards
1. Roads are technically graded
into expressways and roads of other technical grades.
2. Newly built roads must satisfy
technical standards of their relevant grade; roads currently in use but not yet
graded shall be renovated and upgraded to reach technical standards of relevant
grades; special-use roads must also have their own standards prescribed by law.
3. Responsibilities of ministries
are defined as follows:
a/ The Ministry of Transport shall
formulate, and guide the implementation of, technical standards of roads of all
grades;
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4. The application of foreign technical
standards to roads is subject to approval of competent state management
agencies.
Article 42.
Land funds reserved for road infrastructure facilities
1. Land funds for road
infrastructure facilities shall be determined in road infrastructure plannings.
Provincial-level People’s Committees shall determine and manage land funds
reserved for road infrastructure construction projects according to the
approved planning.
2. The proportion of land for urban
traffic to urban construction land must be between 16% and 26%. The Government
shall prescribe specific land proportions suitable to each type of urban
centers.
Article 43.
Land areas reserved for roads
1. A land area reserved for a road
includes the land for such road and the road safety corridor.
2. Within a land area reserved for
a road, it is strictly forbidden to build other works, except for a number of
essential projects which cannot be built outside such area, provided that
permission of competent agencies is obtained, including defense and security
works, road administration and exploitation works, telecommunications and
electricity works, water supply and drainage, petrol, oil and gas pipelines.
3. Within a road safety corridor,
in addition to complying with Clause 2 of this Article, the road safety
corridor land may be temporarily used for agricultural and advertisement
purposes without affecting road work and traffic safety. The erection of
advertisement billboards within the road safety corridor is subject to written
approval of road administration agencies.
4. Current users of law-recognized
land areas within the road safety corridor may continue using these land areas
for already identified purposes without impeding the safe protection of road
works.
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5. The Government shall issue
specific regulations on land areas reserved for roads, the use and exploitation
of road safety corridor land, and the construction of essential works within
land areas reserved for roads.
Article 44.
Assurance of technical requirements and traffic safety of road works
1. Newly built, upgraded or
renovated road works must ensure technical standards and conditions on traffic
safety for road users and vehicles in traffic, including pedestrians and
disabled people. Urban roads must have pavements, road sections, flyovers and
tunnels and traffic organized for pedestrians and disabled people to travel
safely and conveniently.
2. Road works must be appraised in
terms of traffic safety from the time of project elaboration, designing and
construction and throughout the use process. Investment deciders and investors
shall take into account traffic safety appraisal results for additional
approval of projects.
3. Urban centers, industrial parks,
economic zones, residential areas, commercial and service quarters and other
works must have collector road systems built outside the road safety corridor;
and ensure a distance from national highways as stipulated by the Government.
4. Road connection is provided as
follows:
a/ Collector roads must be
connected to branch roads, if branch roads are available;
b/ If branch roads or collector
roads are to be directly connected to the main road, their connection points
must be permitted by a competent road state administration agency right at the
stage of project formulation and designing;
c/ The connection of paths from
urban centers, industrial parks, economic zones, residential areas, commercial
and service quarters and other works to roads must comply with regulations of
the Minister of Transport.
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Article 45.
Road sign works
1. Road sign works include:
a/ Traffic light signals:
b/ Signs;
c/ Marker posts, barriers or
protection fences;
d/ Road markings;
e/ Milestones;
f/ Other sign works.
2. Before being put into use, roads
must be fully equipped with road sign works according to the approved designs.
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Article 46. Investment
in construction and exploitation of road infrastructure facilities
1. Investment in the construction
of road infrastructure facilities is investment in the construction, upgrading
and renovation of road infrastructure facilities.
2. Investment in the construction
of road infrastructure facilities must be in line with the road transportation
planning already approved by competent authorities; comply with the process of
investment and construction management and other legal provisions; and ensure
technical standards of different grades of roads, landscape and environmental
protection.
3. Vietnamese and foreign
organizations and individuals may invest in the construction and commercial
operation of road infrastructure facilities in accordance with law.
4. Competent People’s Committees
shall assume the prime responsibility for ground clearance according to land
recovery decisions of competent state agencies and create favorable conditions
for organizations and individuals to invest in the construction and commercial
operation of road infrastructure facilities.
5. Road infrastructure facilities,
once constructed, upgraded or renovated, must be checked by competent agencies
before it can be put into use.
Article 47.
Construction of works on road currently in use
1. The construction of works on
roads currently in use may be carried out only after permits of competent state
agencies are obtained and must be in line with such permits and the law on
construction.
2. In the course of construction,
construction units shall put up signs and temporary fences at construction
sites and take measures to ensure uninterrupted and safe traffic.
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a/ Road digging may only be
permitted for repairing works or building new technical tunnels along or across
roads but according to annual plans which have been consented by the road
administration agency, except for unexpected cases;
b/ There must be construction plans
and schedules suitable to the characteristics of each street to ensure no
traffic congestion;
c/ Upon the completion of
construction, the road must be restored to its original conditions; for
underground works, a dossier on construction completion must be compiled and
handed over to the road administration agency.
4. Construction units shall take
responsibility before law for failure to take measures to ensure uninterrupted
and safe traffic according to regulations, for the occurrence of traffic
accidents, traffic jams or serious environmental pollution.
Article 48.
Road administration and maintenance
1. Road maintenance means
activities of maintaining and repairing roads in order to preserve technical
standards of roads currently in use.
2. Roads, after being put into use,
must be administered and maintained as follows:
a/ Monitoring of the conditions of
road works; organization of traffic; examination and inspection of the
protection of road infrastructure facilities;
b/ Regular maintenance and regular
and irregular repair.
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a/ The Ministry of Transport is
responsible for the national highway system;
b/ Provincial-level People’s
Committees are responsible for the systems of provincial roads and urban roads.
The administration and maintenance of systems of district and commune roads
shall be prescribed by provincial-level People’s Committees;
c/ Special-use roads and roads not
under state management and exploitation and roads built with non-state budget
funding sources shall be administered and maintained by investors according to
regulations.
4. The Minister of Transport shall
issue regulations on road administration and maintenance.
Article 49.
Financial sources for road administration and maintenance
1. Fundings for the administration
and maintenance of national highways and local roads come from road maintenance
funds.
Fundings for the administration and
maintenance of special-use roads and roads not under state management and
exploitation and roads built with non-state budget funding sources are covered
by their administration and exploitation organizations and individuals.
2. Road maintenance funds shall be
formed from the following sources:
a/ Annual state budget allocations;
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3. The Government shall issue
specific regulations on the setting up, management and use of road maintenance
funds at central and local levels.
Article 50.
Building of level crossings between roads and railroad tracks
The construction of level crossings
between roads and railroad tracks is subject to permission of competent state
agencies, and must have designs which ensure technical standards and traffic
safety conditions and have been approved by competent state agencies according
to regulations of the Minister of Transport.
Article 51.
Car terminals, parking lots, roadside service stations, vehicle mass inspection
stations and road toll stations
1. In urban centers, the
construction of working offices, schools, hospitals, trade and service centers,
cultural centers and residential quarters must include the construction of
parking lots suitable to the works’ sizes.
2. Car terminals, parking lots and
roadside service stations must be built according to plannings already approved
by competent state agencies, and must ensure technical standards.
3. Toll stations, where tolls for
vehicles operating on the roads are collected, shall be built according to
plannings or investment projects approved by competent sate agencies. Toll
stations’ operations must ensure uninterrupted and safe traffic.
4. Vehicle mass inspection
stations, where road administration agencies collect information on, analyze
and assess the impacts of vehicle mass and size limits on road safety; inspect
and handle violations of vehicles with sizes and mass in excess of the
permitted size limits of roads, and caterpillars traveling on roads, shall be
built according to a master plan elaborated by the Ministry of Transport and
approved by the Prime Minister.
In case of necessity to protect
road infrastructure facilities, the Minister of Transport shall decide on
setting up temporary vehicle mass inspection stations.
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Article 52.
Protection of road infrastructure facilities
1. Protection of road traffic
infrastructure facilities covers ensuring safety and use life of road works and
taking measures to prevent, stop and handle acts of illegally infringing upon
road infrastructure facilities.
The protected area of road
infrastructure facilities covers land areas of roads, road safety corridors,
the space over and the subterranean and underwater spaces related to road work
and traffic safety.
2. Organizations and individuals
licensed to construct, renovate, expand and maintain works and carry out other
activities within the protected area of road infrastructure facilities shall
carry out these activities in accordance with law.
3. Road work administration units
shall ensure works’ technical safety and take joint responsibility for traffic
accidents occurring due to the quality of works under their administration; if
detecting that road works are damaged or at risk of endangering traffic, they
shall promptly repair them, and take measures to prevent, combat and promptly
remedy consequences caused to road works by natural disasters.
4. Road infrastructure facility
protection responsibilities are defined as follows:
a/ The Ministry of Transport shall
organize and guide the road infrastructure facility protection; examine and
inspect the implementation of the law on road infrastructure facility
administration and protection;
b/ The Ministry of Public Security
shall direct and guide the police in examining and handling violations of the
law on road infrastructure facility protection according to its competence;
c/ The People’s Committees at all
levels shall organize the protection of road infrastructure facilities in their
localities; and protect road safety corridors in accordance with law;
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e/ The Government shall stipulate
the coordination among ministries, ministerial-level agencies and People’s
Committees in protecting road infrastructure facilities.
5. Those who detect that road works
are damaged or infringed upon or road safety corridors are illegally occupied
shall promptly report such to the nearest People’s Committees, road
administration agencies or police offices for handling; in case of necessity,
they shall take measures to notify road users thereof. Upon receiving reports,
responsible agencies shall quickly take remedial measures to ensure uninterrupted
and safe traffic.
Chapter IV.
VEHICLES JOINING IN ROAD TRAFFIC
Article 53.
Conditions for motor vehicles to join in road traffic
1. Automobiles of proper types
allowed to join in road traffic must satisfy the following quality, technical safety
and environmental protection criteria:
a/ Being equipped with an effective
brake system;
b/ Being fitted with an effective
steering system;
c/ The steering wheel is on the
left side of the automobile; for a foreigner’s overseas-registered automobile
with a right-handed steering wheel, to join in road traffic in Vietnam, it must
comply with the Government’s regulations;
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e/ Having the wheels fitted with
pneumatic tires of the right size and right technical standards for each type
of automobile;
f/ Having sufficient rear-view
mirrors and other equipment and devices to ensure the operator’s visibility;
g/ Having the windscreen and
windows made of safety glass;
h/ Having a horn of standard
volume;
i/ Being fully equipped with an
exhaust silencer, an exhaust pipe and other equipment and devices to ensure
exhaust gas and noise up to environmental standards;
j/ Their structures are durable
enough and ensure stable operation.
2. Motorcycles, three-wheeled motor
vehicles and mopeds of right types allowed to join in road traffic must satisfy
the quality, technical safely and environmental protection standards prescribed
at Points a, b, d , e, f, h, i and j, Clause 1 of this Article.
3. Motor vehicles must have
registration papers and number plates, granted by competent state bodies.
4. The Government shall stipulate
the use life limits of motor vehicles.
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Article 54.
Grant and withdrawal of registration papers and number plates of motor vehicles
1. Motor vehicles of lawful origin
and satisfying the quality, technical safety and environmental protection
standards under this Law will be granted registration papers and number plates
by competent state agencies.
2. The Minister of Public Security
shall stipulate and organize the grant of registration papers and number plates
for motor vehicles of all kinds; the Minister of Defense shall stipulate and
organize the grant of registration papers and number plates for army motor vehicles
used for defense purposes.
Article 55.
Assurance of quality, technical safety and environmental protection standards
of motor vehicles joining in road traffic
1. The manufacture, assembly,
modification, repair, maintenance and import of motor vehicles to join in road
traffic must comply with regulations on quality, technical safety and
environmental protection standards. It is strictly forbidden to transform
automobiles of other types into passenger cars.
2. Owners of vehicles may not alter
the structure, components or systems of their motor vehicles against the
manufacturer designs or modification designs already approved by competent
agencies.
3. Automobiles and trailers or
semi-trailers pulled by automobiles joining in road traffic must be periodically
inspected in terms of technical safety and environmental protection (below
referred to as inspection).
4. The heads of register units and
persons directly conducting inspection shall take responsibility for the
confirmation of inspection results.
5. Vehicle owners and drivers shall
maintain the technical status of their vehicles joining in road traffic
according to the prescribed standards between two inspections.
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Article 56.
Conditions for rudimentary vehicles to join in traffic
1. When joining in traffic,
rudimentary vehicles of all kinds must satisfy the conditions on road traffic
safety.
2. Provincial-level People’s
Committees shall specify the operation conditions and scope of rudimentary
vehicles in their localities.
Article 57.
Conditions for special-use vehicles to join in traffic
1. Satisfying the following
quality, technical safety and environmental protection criteria:
a/ Having an effective brake
system;
b/ Having an effective steering
system;
c/ Having lamps;
d/ Ensuring the operator’s
visibility;
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f/ Ensuring exhaust gas and noise
according to environmental standards;
2. Having a registration paper and
number plate granted by competent state agencies.
3. Operating within the prescribed
area, ensuring safety for people, vehicles and road works while traveling.
4. The manufacture, assembly,
modification, repair and import of special-use vehicles must comply with
regulations on quality, technical safety and environmental protection.
5. The owners and operators of
special-use vehicles shall maintain the technical safety conditions and have
them inspected as prescribed for special-use vehicles in road traffic.
6. The Minister of Transport shall
issue specific regulations on quality, technical safety and environmental
protection, the grant and withdrawal of registration papers and number plates;
determine a list of special-use vehicles subject to inspection and organize the
inspection; the Minister of Defense and the Minister of Public Security shall
stipulate and organize the grant and withdrawal of registration papers and
number plates and the inspection of army and police special-use vehicles used
for defense and security purposes.
Chapter V.
OPERATORS OF VEHICLES JOINING IN ROAD TRAFFIC
Article 58.
Conditions for drivers of vehicles to join in traffic
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Learner drivers, when joining in traffic,
shall practice driving on driving practice vehicles and have their driving
supported by driving instructors.
2. When operating a vehicle, the
driver shall carry the following papers:
a/ Vehicle registration paper;
b/ Driver license, for motor vehicle
operators defined in Article 59 of this Law;
c/ Technical safety and
environmental protection inspection certificate, for motor vehicles prescribed
in Article 55 of this Law;
d/ Motor vehicle owner civil
liability insurance certificate.
Article 59.
Driver licenses
1. Depending on types, engine
capacity, mass and utilities of motor vehicles, driver licenses are classified
into driver licenses with unlimited validity and driver licenses with limited
validity.
2. Driver licenses with unlimited
validity are of the following categories:
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b/ Category A2, granted to drivers
of motorcycles with a cylinder capacity of 175 cm3 or higher and those
prescribed for category-A1 driver licenses;
c/ Category A3, granted to drivers
of three-wheeled motor vehicles and those prescribed for category-A1 driver
licenses and similar vehicles.
3. Disabled people operating three-wheeled
motor vehicles designed for them shall be granted category-A1 driver licenses.
4. Driver licenses with limited
validity are of the following categories:
a/ Category A4, granted to drivers
of tractors of a mass of up to 1,000 kg;
b/ Category B1, granted to
non-professional drivers of passenger cars of up to 9 seats, trucks and
tractors of a mass of under 3,500 kg;
c/ Category B2, granted to
professional drivers of passenger cars of up to 9 seats, trucks and tractors of
a mass of under 3,500 kg;
d/ Category C, granted to drivers
of trucks and tractors of a mass of 3,500 kg or higher and vehicle types
prescribed for category-B1 and -B2 driver licenses;
e/ Category D, granted to drivers
of passenger cars of between 10 and 30 seats and vehicle types prescribed for
category-B1, -B2 and -C driver licenses;
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g/ Driver licenses of categories
FB2, FD and FE, granted to drivers who already possess driver licenses of
category B2, D or E to drive vehicles prescribed for these categories of driver
licenses when pulling trailers or articulated passenger cars; driver licenses
of category FC granted to drivers who already possess driver licenses of
category C to drive vehicles prescribed for this category of driver license
when pulling trailers or tractors pulling semi-trailers.
5. Driver licenses are valid
nationwide and in the territories of countries or territories with which
Vietnam has signed mutual driver license recognition commitments.
Article 60.
Age and health of drivers
1. The driver age is prescribed as
follows:
a/ Persons aged full 16 years or
older may drive mopeds with a cylinder capacity of under 50 cm3;
b/ Persons aged full 18 years or
older may drive motorcycles, three-wheeled motor vehicles with a cylinder
capacity of 50 cm3 or higher and vehicles with similar structure; trucks,
tractors with a mass of under 3,500 kg; passenger cars of up to 9 seats;
c/ Persons aged full 21 years or
older may drive trucks, tractors with a mass of 3,500 kg or more; category-B2
vehicles pulling trailers (FB2);
d/ Persons aged full 24 years or
older may drive passenger cars of between 10 and 30 seals; category-C vehicles
pulling trailers or semi-trailers (FC);
dd/ Persons aged full 27 years or
older may drive passenger cars of over 30 seals; category-D vehicles pulling
trailers (FD);
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2. Drivers must be physically fit
for the types and utilities of vehicles they drive. The Minister of Health
shall assume the prime responsibility for, and coordinate with the Minister of
Transport in, prescribing health standards for drivers, periodical health
checks for automobile drivers, and medical establishments providing such health
checks.
Article 61.
Driver training, examination to grant driver licenses
1. Driver training establishments
are categorized as job training establishments, must meet all adequate
conditions on classrooms, driving practice grounds and vehicles, driving
instructors, course books and teaching materials and possess a license as
prescribed.
2. Driver training establishments
must comply with the contents and programs prescribed for each kind and
category of driver license.
3. Persons who wish to have driver
licenses of categories A1, A2, A3, A4 and B1 must be trained. Persons who wish
to have driver licenses of categories B2, C, D, E and driver licenses of
category F must be trained on a full-time basis at training establishments.
4. Training for driver license
upgrading shall be conducted for the following cases:
a/ Upgrading driver licenses from
category B1 to B2;
b/ Upgrading driver licenses from
category B2 to C or D;
c/ Upgrading driver licenses from
category C to D or E;
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e/ Upgrading driver licenses from
category B2, C, D or E to categories of driver licenses for corresponding
vehicles with trailers or semi-trailers.
5. Persons who wish to attend
training for upgrading their driver licenses, in addition to satisfying the
conditions prescribed in Clause 4 of this Article, must have a sufficient
driving duration and a number of safe driving kilometers prescribed for each
category of driver license; persons who wish to attend training for upgrading
their driver licenses to category D or E must have at least completed lower
secondary education.
6. The training of drivers of
passenger cars of 10 seats or more and drivers of vehicles with trailers may
only be conducted in the form of training for category upgrading under the
conditions prescribed in Clauses 4 and 5 of this Article.
7. Examinations for the grant of
driver licenses must be held at driver examination centers. Driver examination
centers must be built according to planning, with material- technical
foundations meeting the driver examination requirements as prescribed.
8. Driver examiners must possess an
examiner card and shall take responsibility for the results of their
examination.
9. Persons who have been trained
and passed examinations shall be granted driver licenses of proper category.
For driver licenses with limited
validity, before their expiration, drivers shall have heath checks and carry
out the presented procedures for renewal of their driver licenses.
10. The Minister of Transport shall
specify the conditions and criteria for and grant permits to training
establishments; prescribe the training forms, contents and programs; examine,
grant and renew driver licenses; the Minister of Defense and the Minister of
Public Security shall issue regulations on training establishments,
organization of training, examinations, grant and renewal of driver license for
army and police forces performing defense and security tasks.
Article 62.
Conditions for operators of special-use vehicles joining in traffic
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2. Operators of special-use
vehicles in traffic must carry the following papers:
a/ Vehicle registration paper;
b/ Certificate of training in road
traffic law, a license or certificate for operating special-use vehicles;
c/ Technical safety and
environmental protection inspection certificate, for special-use vehicles
prescribed in Article 57 of this Law.
Article 63.
Conditions on operators of rudimentary vehicles in traffic
1. Being physically fit for safe
operation of vehicles.
2. Being knowledgeable about road
traffic rules
Chapter VI.
ROAD TRANSPORTATION
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Article 64.
Road transportation activities
1. Road transportation activities
include non-commercial road transportation and commercial road transportation.
Commercial road transportation is a conditional business as presented by law.
2. Commercial road transportation
includes commercial passenger transportation and commercial cargo
transportation.
3. Road transportation activities
must be in line with the road transportation planning and transportation route
network.
Article 65.
Working time of automobile drivers
1. In a day, an automobile driver
must work for 10 hours at most and must not be on the wheel for more than 4
hours in a row.
2. Carriers and automobile drivers
shall comply with Clause 1 of this Article.
Article 66.
Commercial transportation by car
1. Commercial passenger
transportation by car includes:
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b/ Commercial passenger transportation
by bus along fixed routes with specified stops for passenger embarkation and
disembarkation, and buses traveling according to given itineraries with a
specified distance and scope of operation;
c/ Commercial passenger
transportation by taxi according to schedules and itineraries requested by
passengers, and charges calculated according to taxi meters;
d/ Commercial passenger
transportation under transportation contracts, without fixed routes;
e/ Tourist transportation according
to tourist routes, programs and destinations.
2. Commercial cargo transportation
by car includes:
a/ Ordinary commercial cargo
transportation;
b/ Commercial cargo transportation
by taxi truck;
c/ Commercial transportation of
extra-long and extra-heavy cargoes;
d/ Commercial transportation of
dangerous cargoes.
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Article 67.
Conditions for commercial transportation by car
1. Enterprises, cooperatives and
households conducting commercial transportation by car must fully meet the
following conditions:
a/ Making registration for
commercial transportation by car under law;
b/ Ensuring the quantity, quality
and use life of vehicles suitable to the business form; fitting travel
monitoring devices on their vehicles according to the Government’s regulations;
c/ Ensuring the number of drivers
and attendants suitable to the business plan and signing written labor
contracts with them; attendants working on vehicles must be trained in
transportation business skills and traffic safety; it is forbidden to employ
drivers who are banned from driving under law;
d/ Persons who directly manage
transportation activities of enterprises and cooperatives must possess
transportation qualifications;
e/ Owning a parking lot suitable to
the size of enterprise, cooperative or household, ensuring requirements of
order, safely, fire and explosion prevention and fight, and environmental
sanitation.
2. Only enterprises and
cooperatives may conduct commercial passenger transportation along fixed
routes, commercial passenger transportation by bus or by taxi, and must fully
meet the following conditions:
a/ The conditions specified in
Clause 1 of this Article;
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c/ Registering passenger
transportation service quality standards with a competent agency and
publicizing them.
3. Only enterprises and
cooperatives may conduct commercial cargo transportation by container and must
fully meet the conditions specified in Clause 1 and Point b, Clause 2, of this
Article.
4. The Government shall issue
specific regulations on conditions on and licensing of commercial
transportation by car.
Article 68.
Passenger transportation by car
1. Carriers and passenger car
drivers shall comply with the following provisions:
a/ To embark and disembark
passengers at prescribed places;
b/ Not to carry passengers on the
car roofs or luggage compartments or let passengers cling to cars from the
outside;
c/ Not to carry dangerous goods,
fetid goods, animals or other goods adversely affecting passenger health;
d/ Not to carry passengers, luggage
and cargo in excess of the prescribed mass or passenger number;
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2. The Minister of Transport shall
prescribe the organization and management of passenger transportation by car.
Article 69.
Rights and obligations of passenger transportation dealers
1. The passenger transportation
dealer has the following rights:
a/ To collect transportation fares
and freights;
b/ To refuse to transport before
the vehicles leave the car terminal or embarking positions or to disembark
under transport contracts persons who possess tickets or are named in the
contracts but commit acts of disturbing public order, obstructing the transport
dealer’s work, affecting the health and property of others or cheating in
tickets, or passengers suffering a dangerous disease.
2. The passenger transportation
dealer has the following obligations:
a/ To fully realize the commitments
on transport quality or fully perform transport contracts;
b/ To buy insurance for passengers,
with insurance premiums included in passenger tickets;
c/ To hand tickets and freight
receipts to passengers;
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e/ To take responsibility for
consequences caused by their employees or representatives in complying with
their requests in contravention of this Law.
3. The Minister of Finance shall
assume the prime responsibility for, and coordinate with the Minister of
Transport in, prescribing passenger tickets and freight receipts.
Article 70.
Responsibilities of drivers and attendants working on passenger cars
1. To check their cars’ safety
conditions before setting off.
2. To show civilized and polite
behaviors and guide passengers to their right seats.
3. To check the arrangement and tie
up luggage and cargo to ensure safety.
4. To take measures to protect
passengers’ lives, health and property, and maintain order and sanitation in
their cars;
5. To close the doors before and
during the time the cars move.
Article 71.
Rights and obligations of passengers
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a/ To be transported according to
the transport contracts and transport dealer’s transport quality commitments;
b/ To pay no freight for luggage
not exceeding 20 kg and of a size suitable to the car’s design;
c/ To refuse transport before the
car sets off and be refunded ticket money according to regulations of the
Minister of Transport.
2. Passengers have the following
obligations:
a/ To buy tickets and pay freights
for carried luggage in excess of the prescribed limit;
b/ To be present at the places of
departure on time as agreed upon; to observe transport regulations; to comply
with the instructions of the driver and attendants to ensure traffic order and
safety;
c/ Not to carry luggage and goods
banned by law from circulation.
Article 72.
Cargo transportation by car
1. The transportation of goods by
car must comply with the following provisions:
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b/ When transporting unpackaged
cargo, to cover them and not to let them drop on the road.
2. The following acts are
prohibited:
a/ Transporting cargoes beyond the
designed mass or beyond the size limits permitted for the car;
b/ Carrying people in a car’s body,
except for the case specified in Clause 1, Article 21 of this Law.
3. The Minister of Transport shall
prescribe the organization and management of cargo transport by car.
Article 73.
Rights and obligations of cargo transportation dealers
1. The cargo transportation dealer
has the following rights:
a/ To request the transportation
charterer to supply necessary information on the cargo for writing in
transportation papers and examine the accuracy of such information;
b/ To request the transportation
charterer to fully pay freights and arising expenses; to request the
transportation charterer to pay compensations for damage caused by breaches of
contract;
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d/ To request cargo survey when
necessary.
2. The cargo transportation dealer
has the following obligations:
a/ To provide vehicles of proper
type, at the time and place and deliver cargo to consignees as agreed upon in
contracts;
b/ To guide the loading and
unloading of cargo on vehicles;
c/ To pay compensation to the
transportation charterer for cargo losses or damage in the course of
transportation from the receipt to delivery of cargo, except for cases of
exemption as prescribed by law;
d/ To pay compensation for damage
caused by his/her employees or representatives when performing jobs assigned by
him/her;
e/ To take responsibility for
consequences caused by his/her employees or representatives in complying with
his/her requests in contravention of this Law.
3. The Government shall prescribe
liability limits of cargo transportation dealers.
Article 74.
Rights and obligations of cargo transportation charterers
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a/ To refuse to load cargo on a
vehicle which is not of a type as agreed upon in the contract;
b/ To request the transportation
dealer to deliver cargo at the time and place as agreed upon in the contract;
c/ To request the transportation
dealer to pay compensation for damage according to law.
2. The cargo transportation
charterer has the following obligations:
a/ To prepare adequate lawful
papers on the cargo before delivering it to the transportation dealer; to
package the cargo according to specifications with sufficient and clear signals
and codes; to deliver cargo to the transportation dealer at the time and place
according to other instructions stated in the cargo delivery document;
b/ To fully pay freights and
arising expenses for the cargo transportation dealer;
c/ To appoint persons to escort the
cargo in the course of transportation, for cargo requiring escorts.
Article 75.
Rights and obligations of cargo consignees
1. The cargo consignee has the
following rights:
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b/ To request the transportation
dealer to pay expenses for late delivery;
c/ To request or notify the
transportation charterer to request the transportation dealer to pay
compensations for cargo damage or loss;
d/ To request cargo survey when
necessary.
2. The cargo consignee has the
following obligations:
a/ To receive the cargo at the time
and place as agreed upon; to produce the transport paper and personal identity
paper to the transport dealer before receiving the cargo;
b/ To pay expenses for late cargo
receipt.
Article 76.
Transportation of extra-long and extra-heavy cargo
1. Extra-long or extra-heavy cargo
means goods of a size or weight exceeding the prescribed limits but impossible
to disassemble.
2. Extra-long or extra-heavy cargo must
be transported on trucks suitable to such type of cargo and require a road use
permit granted by a competent state agency.
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4. The Minister of Transport shall
issue specific regulations on the transportation of extra-long and extra-heavy
cargo.
Article 77.
Transportation of live animals
1. Depending on species of live
animals, the transportation dealer may request the transportation charterer to
arrange an escort to take care of these animals in the course of transportation
2. The transportation charterer is
responsible for loading and unloading live animals under the guidance of the
transportation dealer; if unable to do so; the transportation charterer shall
pay freights and loading and unloading charges to the transportation dealer.
3. The transportation of live
animals on roads must observe the laws on hygiene, epidemic prevention and
environmental protection.
Article 78.
Transmutation of dangerous cargo
1. Cars carrying dangerous cargo
must acquire permits granted by competent state agencies.
2. Cars carrying dangerous cargo
may not stand and park at crowded places or danger-prone places.
3. The Government shall prescribe a
list of dangerous cargo, the transportation of dangerous cargo and the
competence to grant permits for transportation of dangerous cargo.
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1. Buses must operate along
prescribed routes, according to prescribed schedules and stand and park at
prescribed places.
2. Drivers of passenger taxis or
cargo taxis may embark and disembark passengers or load and unload cargo as
agreed upon with passengers or cargo owners but shall comply with regulations
on traffic safety.
3. Cargo trucks must operate along
prescribed routes, within areas and according to schedules prescribed for each
type of truck.
4. Rubbish vans and trucks carrying
scraps or loose materials must be covered in order to prevent them from
dropping on streets; if letting them drop, the carrier shall promptly clean up
the streets.
5. Provincial-level People’s
Committees shall issue specific regulations on road transportation in urban
areas and the proportion of mass transit vehicles to meet the travel need of
disabled persons.
Article 80.
Passenger and cargo transportation by rudimentary vehicles, mopeds, motorcycles,
three-wheeled motor vehicles and the like
1. The use of rudimentary vehicles,
mopeds, motorcycles, three-wheeled motor vehicles and the like for carrying
passengers and cargo must comply with regulations on traffic order and safety.
2. The Minister of Transport shall
prescribe the implementation of Clause 1 of this Article.
3. Basing themselves on regulations
of the Minister of Transport, provincial-level People’s Committees shall detail
the implementation thereof in localities.
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1. Multi-modal transportation
referred to in this Law means transportation of cargo from the place of receipt
to the place of delivery of cargoes to a consignee by at least two modes,
including the mode of road transportation, on the basis of a multi-modal
transportation contract.
2. The Government shall issue
specific regulations on multi-modal transportation.
Section 2. ROAD
TRANSPORTATION SUPPORT SERVICES
Article 82.
Road transportation support services
1. Road transportation support
services include services at car terminals; parking lots and roadside service
stations, and transportation agency, ticket sale agency, cargo collection,
transshipment, warehousing and road transportation rescue services.
2. The Minister of Transport shall
issue specific regulations on road transportation support services.
Article 83.
Organization of operation of car terminals, parking lots and roadside service
stations
1. The operation of passenger car
terminals, cargo truck terminals, parking lots and roadside service stations
must ensure order, safety, environmental sanitation, and fire and explosion
prevention and fighting and submit to the management of local state management
agencies.
2. Enterprises and cooperatives
operating passenger car terminals have the right and obligation to arrange
ticket sale offices or organize the sale of tickets to passengers under
contracts with transport dealers; arrange cars fully meeting transportation
business conditions to enter the terminals to take and discharge passengers
according to proper routes.
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4. Enterprises and cooperatives
operating parking lots have the right and obligation to organize vehicle watch
services.
5. Enterprises and cooperatives
operating roadside service stations have the right and obligation to organize
services for road users and vehicles in road traffic; and to perform jobs under
service contracts with carriers.
6. Provincial-level People’s
Committees shall prescribe car terminal service charges based on the types of
car terminals.
Chapter VII.
STATE MANAGEMENT OF ROAD TRAFFIC
Article 84.
Contents of state management of road traffic
1. Formulating plannings, plans and
policies on road transport development; drawing up and directing the
implementation of the national program on road traffic safety.
2. Promulgating, and organizing the
implementation of, legal documents on road traffic; regulations and standards
for road traffic.
3. Propagating, disseminating and
educating about the road traffic law.
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5. Registering, granting and
withdrawing number plates of, road traffic means; granting, withdrawing
certificates of quality, technical safety and environmental protection of road
vehicles.
6. Managing driver training and
examination; granting, renewing and withdrawing driver licenses and
certificates of training in knowledge about the road traffic law.
7. Managing transportation
activities and transportation support services; organizing road traffic rescue.
8. Organizing research and
application of road traffic science and technologies; training road traffic
technicians and technical workers.
9. Examining, inspecting, and
settling complaints and denunciations; handling violations of the road traffic
law.
10. Undertaking international
cooperation in road traffic.
Article 85.
State management responsibilities for road traffic
1. The Government shall perform the
unified state management of road traffic.
2. The Ministry of Transport shall
take responsibility to the Government for performing the state management of
road traffic.
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The Ministry of Public Security and
the Ministry of Transport shall coordinate with each other in supplying data on
registration of road vehicles, data on traffic accidents and in granting,
renewing and withdrawing driver licenses.
4. The Ministry of Defense shall
perform the tasks of state management of road traffic under this Law and other
relevant laws.
5. Ministries, ministerial-level
agencies and government-attached agencies shall, within the scope of their
tasks and powers, coordinate with the Ministry of Transport in performing the
state management of road traffic.
6. The People’s Committees at all
levels shall, within the scope of their tasks and powers, organize the state
management of road traffic under this Law and other relevant laws on
localities.
Article 86.
Road inspectorate
1. The road inspectorate shall
perform specialized inspection of road traffic.
2. The road inspectorate has the
following tasks and powers:
a/ To inspect, detect, stop and
sanction administrative violations in the observance of legal provisions on
protection of road infrastructure, assurance of technical standards of road
works; in urgent cases, in order to prevent possible consequences on road
works, to stop vehicles and ask their operators to take measures to protect
works in accordance with law and take responsibility for such decisions;
b/ To inspect, detect, stop and
handle administrative violations in the observance of regulations on transportation
activities and transportation support services at standing and parking points
along roads, car terminals, parking lots, roadside service stations, vehicle
mass inspection stations, toll stations and at road transportation enterprises;
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d/ To perform other tasks and
exercise other powers according to the inspection law.
3. The organization and operation
of the road traffic inspectorate comply with this Law and other relevant laws.
The Minister of Transport shall
issue specific regulations on the tasks and powers of the road inspectorate.
Article 87.
Patrol and control of road traffic police
1. The road traffic police shall
patrol and control road users and vehicles in traffic; handle their violations
of road traffic law and take responsibility before law for their decisions;
coordinate with the road administration agency in detecting and stopping acts
of violating regulations on protection of road works and road safety corridors.
2. The Minister of Public Security
shall issue specific regulations on tasks, powers, forms and contents of patrol
and control by road traffic police.
3. The Government shall stipulate
the mobilization of other police forces and commune police to join the road
traffic police in patrolling and controlling road traffic order and safety in
necessary cases.
Chapter VIII.
IMPLEMENTATION PROVISIONS
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1. This Law takes effect on July 1,
2009.
2. This Law replaces the June 29,
2001 Law on Road Traffic.
Article 89.
Implementation detailing and guidance
The Government and competent agencies
shall detail and guide the implementation of articles and clauses of this Law
as assigned; and guide other necessary provisions of this Law to meet state
management requirements.
This Law was passed on November
13, 2008, by the XIIth National Assembly of the Socialist Republic of Vietnam
at its 4th session.
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong
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